February 2022 Multnomah Lawyer by mbabar

February 2022

Multnomah

Lawyers associated for justice, service, professionalism, education and leadership for our members and our community

Lawyer

Est. 1906

Still I Rise: A Proclamation of the Black Experience in Oregon by Valerie Colas, MBA Immediate-Past President and OC-NBA President, in collaboration with Ekua Hackman, OC-NBA Immediate-Past President

Valerie Colas

Ekua Hackman

As we celebrate Black History Month in 2022, we remember the important contributions and achievements of Blacks and African Americans to our shared history. We celebrate the first Black and African Americans - the pioneers, the forerunners - who made the impossible possible, helping to claim space for Black people despite the struggles and barriers they faced. We follow in their steps and continue to advance the fight for equality and inclusion, we recognize that we are standing on the shoulders of our ancestors. As Black attorneys in Oregon, we build on the contributions of McCants Stewart, the first Black attorney in Oregon who was also the first to argue before the Oregon Supreme Court;1 Beatrice Morrow Cannady, the first Black woman to graduate from Portland’s Northwestern College of Law; Aaron Brown, the first Black judge in the State of Oregon; Mercedes Deiz, the first Black woman to be admitted to the OSB as well as the first Black woman judge in Oregon. Through their actions, they shared the sentiments of Sidney Poitier, the first Black actor to break through racial barriers to win the Oscar The list of firsts in our legal profession for Best Actor:

in Oregon by African

“Though history will accurately American and Black acknowledge my presence in those attorneys continues proceedings, my contribution was no more important than being at the to this day... right place at the right time, one in that series of perfect accidents from which fate fashions her grand designs. History will pinpoint me as merely a minor element in an ongoing major event, a small if necessary energy.” The list of firsts in our legal profession in Oregon by African American and Black attorneys continues to this day and even though In 1906, Stewart represented Oliver Taylor against Star Theater of Portland after Taylor was denied seating due to his race. Stewart argued that the government should ensure black rights and combat discrimination. The Oregon Supreme Court agreed with Stewart and ruled in his client’s favor. 1

Multnomah Bar Association 620 SW Fifth AVE., Suite 1220 Portland, Oregon 97204

PRSRT STD U.S. POSTAGE PAID PORTLAND, OR PERMIT NO. 00082

their names are not listed, their contributions and “necessary energy” affirms that African American and Black attorneys can excel, succeed, and thrive in a state that was purposefully designed to, at worst, exclude and oppress us and, at best, tolerate us. The lessons they pass down to us are that of courage, upliftment, and commitment. They inspire us to make our dreams and ideals a reality, they dare us to speak out, and they encourage us to be bold in seeking our liberation and the liberation of others. As Rosa Parks stated, “I would like to be remembered as a person who wanted to be free...so other people would be also free.” The Oregon Chapter of the National Bar Association (OCNBA), the Black lawyer bar association in Oregon, commits itself to uplifting and advancing Black attorneys and attorneys of color.2 Founded in 1980 as the Association of The pandemic has Oregon Black Lawyers (AOBL),3 in 1997, impacted our ability AOBL transitioned to OC-NBA. Our to provide a space mission includes advancing the rule of law to ensure access to justice; upholding for Black attorneys, the honor and integrity of the legal attorneys of color, profession; and promoting professional and allies to gather and social engagement opportunities and socialize. among Black lawyers, law students, members of the bar, and the Oregon community. The pandemic has impacted our ability to provide a space for Black attorneys, attorneys of color, and allies to gather and socialize. This inability to provide such spaces to gather, support each other, and be in community has been hard especially as we experience both the racial reckoning following George Floyd’s murder and other high-profile cases throughout our nation involving Black and brown people, and political turmoil. And even in this moment of time filled with uncertainty, history, and in particular Black history, reminds us that we will still rise - it compels us to be resilient and recognize that our ability to heal and transcend this acute and collective trauma must be in community. Despite the pandemic, OC-NBA continues to be active in our community. In 2021, we held events: an outdoor social at Amalfi’s; a virtual Black Movie Trivia; Black History Month CLE; and career panels for law students. In 2022, we hope to reinvigorate our membership by continuing to find ways to provide members and the legal community opportunities to socialize and network, supporting Black law students, and once again organizing our Ebony and Ivory Gala. In the meantime, we hope to have your support for our mission and work by considering: • Becoming a member and/or joining a committee. To join, visit ocnbaorg.wpcomstaging.com/membership-more-to-come • Attending or participating in one of our events • Partnering with us to host a social or CLE If you have questions or would like to learn more about OC-NBA, feel free to reach out to members of our Board: Angela Addae, Valerie Colas, Kiosha Ford, Ekua A. Hackman, Hansary Laforest, Dexter Pearce, Shaina Pomerantz. Title of article inspired by Maya Angelou’s “Still I Rise” from And Still I Rise: A Book of Poems. The National Bar Association is an organization established in 1925 by Black lawyers during the time the American Bar Association would not admit African American and Black members. www.nationalbar.org. 3 Founding members were John Toran (first president), Jasper Ambers, Ken Dixson, Clifford Freeman, Monica Little, Marcia Neal, Bruce Posey, Roosevelt Robinson, and John Rodgers. 2

February 2022 Volume 68, Number 2

mba CLE Due to the COVID-19 pandemic, the MBA will be offering all seminars ONLINE ONLY. To register for a CLE seminar, please see p. 3 or visit www.mbabar.org/cle and input your OSB number to register at the member rate.

FEBRUARY 2.3 Thursday The Surviving Relevance of Restrictive Covenants in Employment Jeff Edelson Kim McGair 2.4 Friday Appellate Law Update Judge Steven Powers Judge Katharine von Ter Stegge 2.15 Tuesday Advanced Public Records Techniques Jon Bial Adam Gibbs Jenifer Johnston Ellen Osoinach 2.17 Thursday Drafting Prenups: The High Road to Perfection Katie Goss Bill Howe

MARCH 3.3 Thursday E-Discovery: Recent Developments and Best Practices Edward Decker Joanna Harrison 3.4 Friday Multnomah County Arbitrator Refresher Judge David F. Rees 3.4 Friday Mandatory Training to Become a Multnomah County Arbitrator Judge David F. Rees

In This Issue Calendar �� 2 CLE �� 3 Announcements �� 6 Ethics Focus �� 6 Around the Bar �� 8 News From the Courthouse ��10 Tips From the Bench ��10 MBF �� 11 MBA Committees �� 11 YLS ��12 Member Resource Center �� 13 Pro Bono Thanks ��14 The Corner Office �� 15 Classifieds ��16

Multnomah Bar Association 620 SW 5th Ave Suite 1220 Portland, Oregon 97204 503.222.3275 www.mbabar.org

Multnomah Lawyer

MBA Board of Directors President Jovita T. Wang Treasurer Nellie Q. Barnard Secretary and President-Elect Jacqueline L. Alarcón

Multnomah County Circuit Court Requests Assistance with Indigent Defense by John Robb MBA Board

Past President Valerie Colas

Directors YLS President Kirsten Rush David I. Bean Ben Cox Sherisa Davis-Larry Eryn Karpinski Hoerster Aruna Masih Timothy J. Resch John Robb Gloria J. Trainor Shalini Vivek Theresa L. Wright Executive Director Guy Walden Director, Events & Programs Kathy Modie Office & Foundation Administrator Pamela Hubbs Member Services Administrator Ryan Mosier Office Administrator Lauren Fairshter

MBF Board of Directors President Victoria Blachly Vice President Joseph L. Franco Secretary/Treasurer Elizabeth C. Knight Past President J. Mackenzie Hogan

Directors Hon. Amy Holmes Hehn Anit K. Jindal Leah C. Lively Yoona Park Marshal P. Spector Tyler J. Volm The MULTNOMAH LAWYER is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275

Recently, Chief Criminal Judge Cheryl Albrecht reached out to the MBA Board to address an urgent concern regarding the shortfall of attorneys to represent indigent clients facing criminal charges in Multnomah County. This issue has become acute - currently there are people in jail facing criminal charges who are not being represented by an attorney, some for longer than a month. There are a number of things MBA members can do to help. Attorneys who have previously been certified to represent indigent clients can contact

the Office of Public Defense Services (OPDS) business unit at 503.378.2478. OPDS has offered to place previously qualified attorneys immediately back into active status. Attorneys who have never been certified but have criminal experience can contact OPDS and apply for certification. Attorneys with experience in the Multnomah County criminal system can offer education and assistance to others learning local procedures and practices. While the reasons for the shortfall are complex, and a solution will ultimately require broader reforms, the brunt is being born by people in jail cells, during a pandemic, isolated from friends and family, unable to advance their interests or ensure their rights are protected. For these people, and their families, the value of any assistance the MBA membership can offer would be immeasurable. Please contact the MBA Board at mba@mbabar.org for more information.

Calendar

FEBRUARY

8 Tuesday Queen’s Bench Monthly Luncheon www.oregonwomenlawyers.org 9 Wednesday Portland Labor Market and Economic Update 2022 Presented by Columbia Bank www.bit.ly/econ_update Details on p. 4 16 Wednesday MBA President’s Virtual Listening Session Details on p. 10 21 Monday Presidents Day - MBA Office Closed 23 Wednesday Affinity Bar Series hosted by OFALA www.bit.ly/ OTLAAffinityBarSeries

NEWSLETTER STAFF CONTACTS Editor: Guy Walden Advertising: Ryan Mosier Design: Cyrano Marketing Solutions Copyright Multnomah Bar Association 2022

Free CLE Content for MBA Members 2022 MBA members enjoy unlimited access to the Free CLE Library, which offers 60+ hours of video webcasts recorded during the Fall 2020-Spring 2021 program year. Visit www.mbabar.org/freeCLE to start watching now.

www.mbabar.org

11 Friday OWLS Roberts & Deiz Award www.oregonwomenlawyers.org 16 Wednesday MBA President’s Virtual Listening Session www.mbabar.org 24 Thursday YLS Speed Networking Details on p. 13 30 Wednesday Affinity Bar Series hosted by OAPABA www.bit.ly/ OAPABAAffinityBarSeries

Habitat for Humanity seeking volunteer attorneys to guide homebuyers through affordability documents.

For more information, please contact Loretta Kelly at loretta@habitatportlandmetro.org or call 503.287.9529 x 34

Not yet a 2022 member? Visit www.mbabar.org to log in and renew, and then receive immediate access to the free content.

This isn’t a filing system. Call the Practice Management Attorneys Team for guidance

503.639.6911

MARCH

MCLE Compliance Deadline Approaching?

Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement. DEADLINE for copy: The 10th of the month* DEADLINE for display ads: The 12th of the month* *or the preceding Friday, if on a weekend.

24 Thursday YLS Virtual Trivia Night Details on p. 13

osbplf.org

February 2022

CLE

The MBA will apply for general OSB MCLE credit unless otherwise noted; Washington credit may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. Registration fees are non-refundable. Unless otherwise noted, all classes are held online.

The Surviving Relevance of Restrictive Covenants in Employment

Drafting Prenups: The High Road to Perfection Thursday, February 17 Noon-1 p.m. Online Participation Only Members $30/Non-Members $50

Thursday, February 3 3:30-5 p.m. Online Participation Only Members $45/Non-Members $70

Note: 1.25 hours of general and .25 hours of ethics OSB MCLE credit will be applied for. Jeffrey M. Edelson, Markowitz Herbold and Kim McGair, Farleigh Wada & Witt will provide a practical look at drafting, enforcing, and escaping noncompetition agreements, nonsolicitation agreements, confidentiality agreements, and Trade Secrets Act claims. This program will provide tools for practitioners to protect their employer and employee clients. Legislatures in many states, including Oregon and Washington, are amending the laws in this area. We will examine the current status of litigation and legislative developments and discuss how the prevalence of workfrom-home employees has created new challenges and opportunities. For more information: Contact John Dunbar, Dunbar Law LLC, at 503.222.9830. For registration questions, contact the MBA at mba@mbabar.org.

Appellate Law Update

Friday, February 4 Noon-1 p.m. Online Participation Only Members $30/Non-Members $50 Please join the MBA for an update on Oregon appellate decisions for civil law practitioners. Multnomah County Circuit Court Judge Katharine von Ter Stegge and Oregon Court of Appeals Judge Steven Powers will present an overview of some key civil law decisions from the Oregon Court of Appeals and Oregon Supreme Court from 2020-21. These esteemed speakers will touch on issues relevant to nearly all practitioners. For more information: Contact the MBA at 503.222.3275 or mba@mbabar.org.

Drafting premarital agreements is a growth industry. Bill Howe and Katie Goss of Gevurtz Menashe, who between them have drafted hundreds of prenups, will share how to negotiate and draft them without killing the romance or risking malpractice exposure. For more information: Contact Mary Tollefson, Corey Law Group, at 503.688.7092. For registration questions, call the MBA at 503.222.3275.

E-Discovery: Recent Developments and Best Practices Thursday, March 3 3-5 p.m. Online Participation Only Members $60/Non-Members $95

Electronic discovery often presents some of the most significant pre-trial expense and risk in contemporary litigation. This program will explore recent developments in electronic discovery law and practice - including emerging trends flowing from the mass transition to remote work in many industries - and present practical approaches to common problems. Edward Decker, Miller Nash LLP and Joanna Harrison, Epiq eDiscovery Solutions, will discuss recent case law and offer tips for managing preservation, collections, review, production, and discovery motions in a cost-effective and efficient manner. For more information: Contact Ian Christy, Miller Nash LLP, at 503.205.2416. For registration questions, call the MBA at 503.222.3275.

Multnomah County Arbitrator Refresher Training Friday, March 4 Noon-1 p.m. Online Participation Only Members $30/Non-Members $50

A refresher training for current members of the Arbitration panel.

Advanced Public Records Techniques Tuesday, February 15 1-2:30 p.m. Online Participation Only Members $45/Non-Members $70

Public records requests can be useful, time consuming, and expensive. What are quick and effective ways of getting information for your client? How do you respond to government delay or claims of exemptions? How do you properly narrow a request? How do you appeal a denial to the District Attorney or the Department of Justice? When should your client pursue a remedy in circuit court? Discussing these important topics is our panel of experts, featuring. • Jon Bial, General Counsel, Oregon Public Broadcasting • Adam Gibbs, Multnomah County District Attorney’s Office • Jenifer Johnston, City of Portland Attorney’s Office • Ellen Osoinach, Reporters Committee for Freedom of the Press

This program will feature Judge David F. Rees and members of the Multnomah County Arbitration Commission, all of whom are experienced arbitrators. The programs will explain and discuss the statutes, rules, case law and ethical issues governing court-annexed arbitration in Multnomah County.. For more information: Contact John Ostrander of Elliott, Ostrander & Preston at 503.224.7656. For registration questions, contact the MBA at mba@mbabar.org.

Class descriptions continue on page 4. Unable to attend? Archived webcast options are available at www.mbabar.org/archivedcle

For more information: Contact Jon Strauhull, Multnomah County Attorney’s Office, at 503.988.3138. For registration questions, contact the MBA at mba@mbabar.org.

CLE Registration Form

Seminar Selection: Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with payment is required to participate.

NAME

CARD NUMBER

FIRM

EXPIRATION DATE AND SECURITY CODE

ADDRESS

SIGNATURE

CITY STATE ZIP

BILLING ADDRESS FOR CARD (if different)

2/4 Appellate Law Update Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . . . . . . $_________

PHONE

Member Status:

Payment Options:

o MBA Member

o Check

o VISA

o MasterCard

o American Express

Online CLE registration strongly encouraged. Visit www.mbabar.org to register online. Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. Registration forms may be mailed to the address below. Accommodations available for persons with disabilities; please call in advance for arrangements. Photocopy registration and mail payment to:

Multnomah Bar Association 620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 503.222.3275

2/15 Advanced Public Records Techniques Online attendance only - link will be emailed o Class Registration ($45 Members/$70 Non) . . . . . . . $_________ 2/17 Drafting Prenups: The High Road to Perfection Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . . . . . . $_________

OSB#

o Non–Member

2/3 The Surviving Relevance of Restrictive Covenants in Employment Online attendance only - link will be emailed o Class Registration ($45 Members/$70 Non) . . . . . . . $_________

3/3 E-Discovery: Recent Developments and Best Practices Online attendance only - link will be emailed o Class Registration ($60 Members/$95 Non) . . . . . . . $_________ 3/4 Multnomah County Arbitrator Refresher Training Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . . . . . . $_________ 3/4 Mandatory Training to Become a Multnomah County Arbitrator Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . . . . . . $_________ Total due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $__________

Multnomah Lawyer Mandatory Training to Become a Multnomah County Arbitrator Friday, March 4 3-5 p.m. Online Participation Only Members $30/Non-Members $50

Basic training to qualify for Multnomah County Arbitration Panel. Participation is a requirement for inclusion on the list of court-appointed arbitrators. This program will feature Judge David F. Rees and members of the Multnomah County Arbitration Commission, all of whom are experienced arbitrators. The program will explain and discuss the statutes, rules, case law and ethical issues governing court-annexed arbitration in Multnomah County. It will also provide step-bystep advice on scheduling arbitration hearings and dealing with postponements, resolving pre-hearing evidentiary and discovery disputes, handling summary judgment and other pre-hearing motions, conducting arbitration hearings, dealing with attorney fees and costs, and preparing and filing arbitration awards. The Multnomah County Circuit Court arbitration program provides a faster and more cost-effective path to resolution of civil disputes involving $50,000 or less. Becoming an arbitrator provides a fantastic opportunity to serve the community and gain valuable insight on effective advocacy. This vital program benefits from arbitrators with experience with the wide variety of disputes addressed in the court’s mandatory arbitration track. The program will also be well-served by arbitrators with life experiences and perspectives that will benefit the Arbitration Program in its service to the broad array of participants. For more information: Contact John Ostrander of Elliott, Ostrander & Preston at 503.224.7656. For registration questions, contact the MBA at mba@mbabar.org.

LOOKING FOR HIGH QUALITY AFFORDABLE HEALTH COVERAGE? For over 35 years, the MBA Health Trust has offered competitive plan designs and premiums for law firms throughout the state of Oregon and Clark County, Washington. MBA member firms choose the MBA Health Trust because of our wide choice of plans, simplified enrollment and billing, outstanding customer service, and value added benefits. Any firm with at least one W2 employee is eligible to enroll on the first day of any month. Expanded options to the MBA Health Trust now include: • • • •

A new $500 deductible health plan Enhanced prescription drug benefits on many plans Dental/vision plans with rates guaranteed until April 1, 2023 New options for law firms outside the Portland area

MEET THE TEAM Tracey Davis tdavis@aldrichadvisors.com 503.485.2482 Stephanie Carpentier scarpentier@aldrichadvisors.com 503.716.9334 Steve Doty sdoty@aldrichadvisors.com 503.716.9398

To register, see page 3 or visit www.mbabar.org/cle.

aldrichadvisors.com/mba

THE PREFERRED BANK OF THE MULTNOMAH BAR ASSOCIATION.

Dedicated to the Oregon law community.

At Columbia Bank, we’ve been strengthening our relationship with Oregon law for more than 25 years. Whether serving as preferred bank to the MBA, participating as active members in a number of Oregon law associations or simply understanding the unique needs of the law community, we’re committed to helping you and your firm succeed. Visit ColumbiaBank.com or call 877-272-3678.

Member FDIC

www.mbabar.org

Equal Housing Lender

February 2022

Portland Labor Market and Economic Update 2022 The War on Talent is Still Raging: The Latest from the Oregon Employment Department A Free Zoom Seminar Presented by Columbia Bank Wednesday, February 9 10-11 a.m. Register at bit.ly/econ_update

We are pleased to announce

Cassandra Snelling has joined our law firm. Calm. Cool. Collected. And she is proud to be a Double Duck – Go Ducks!

With the COVID crisis, Portland’s economy was hit harder than the rest of Oregon. In 2021, Portland enjoyed faster growth than the rest of the United States and is carrying that momentum into 2022. We will explore the sectors of the Portland economy that were hardest hit by COVID and ask, what might Portland’s economic recovery look like in 2022? Speaker Christian Kaylor is a Workforce Economist for the Oregon Employment Department, specializing in the Portland area. He provides data and analysis relating to the Portland economy to local businesses, business associations

Cassandra’s practice will focus on Plaintiffs’ Construction Defect Litigation and Construction Products Liability. • • • • •

Christian Kaylor and government agencies to facilitate intelligent decision making. His monthly newsletter on the Portland economy has over 1,000 subscribers. Before coming to the Employment Department more than 20 years ago, Christian worked in various positions in Oregon politics and policy. A native Oregonian, Christian has a degree in Economics from the University of Oregon.

Erica C. Glaser

Mediation and Arbitration

ADR Services throughout Oregon UM and UIM arbitration Court annexed arbitration Mediation of civil litigation 24 years litigator - both defense and plaintiff bars • 19 years serving as a neutral

erica@ADRoregon.com 503-515-1621

Richard G. Spier Mediator

Business & Commercial Personal Injury Professional Liability Employment Estates & Trusts Real Estate & Construction Insurance Coverage & Claims Highly experienced full-time neutral since 1992 Listed in Best Lawyers in America and in Super Lawyers

503.284.2511

971.219.4980 Cell

rspier@spier-mediate.com www.spier-mediate.com

Multnomah Lawyer

mba announcements

Ethics Focus What Can You Say?

Rebutting Negative Online Reviews

MBA LSAT Preparation Course Scholarship - Apply by March 11 To help achieve the goal to foster and expand diversity in the Multnomah County legal community and the state of Oregon, the MBA Equity Diversity & Inclusion Committee awards scholarships for LSAT preparation courses to law school applicants whose future involvement in the law will enhance the diversity of our bench and bar. Applications are due March 11. Details available at www.bit.ly/mba_lsat. Statement of Diversity Principles Available to Sign The MBA Equity, Diversity & Inclusion Committee invites you to sign the Statement of Diversity Principles. Read and sign the diversity statement and pledge at www.mbabar.org/diversity. Noontime Rides Join all ages of bicycle riders for noontime hill climbs on Mondays & Thursdays. Assemble at noon at SW Corner of Pioneer Square and leave together at 12:15 p.m. Rain or shine. Frequent regroups. Mondays include rotating paceline around SW Fairmount; Thursdays go up through Forest Park. E-bikes okay. Great repeating interval workouts. Contact Ray Thomas, 503.228.5222 if you are a new rider or for additional details.

Oregon Lawyer Assistance Foundation

by Mark J. Fucile, Fucile & Reising LLP

This past year saw two significant developments in the evolving law governing the extent to which a lawyer can rebut a negative online review. The first was an Oregon Supreme Court decision parsing some - but not all - of the issues involved. The second was an ABA ethics opinion discussing the topic comprehensively - including a critical piece not directly addressed in the Oregon opinion. In this column, we’ll look at both and then conclude with some practical “take-aways” to guide law firm risk management in this difficult area. The Oregon Decision In re Conry, 368 Or 349, 491 P.3d 42 (2021), involved a lawyer who handled a deportation proceeding that followed a client’s misdemeanor convictions. The client was ordered deported. At that point, the client hired new counsel who argued on appeal that the convictions were not crimes of “moral turpitude” that would support deportation. The federal government dismissed the deportation proceeding. The by-then former client later posted critical reviews of the first lawyer on Yelp, Google and Avvo. The former client only used his first name in the reviews and did not mention his convictions. The lawyer responded on all three platforms. Collectively, the lawyer revealed the client’s full name and described the client’s criminal convictions. When the client learned of the posts, he filed a bar complaint against the lawyer. A trial panel concluded that the lawyer had breached the confidentiality rule - RPC 1.6 - in revealing the client’s full name and criminal convictions. An appeal to the Oregon Supreme Court followed. The Supreme Court agreed that the lawyer had violated RPC 1.6, but on the facts before it drew a distinction between the client’s name and the convictions.

The Supreme Court first observed that Oregon’s lawyer confidentiality rule is broad and encompasses both the attorneyclient privilege and, under RPC 1.0(f), “other information gained in a current or former professional relationship ... the disclosure of which would be embarrassing or would be likely detrimental to the client.” Although privilege was not involved, the Supreme Court found that the client’s full name and criminal conviction history were confidential under the other prong of the rule. The Supreme Court noted that the Oregon rule, like its ABA Model Rule counterpart, includes a so-called “self-defense” exception - Oregon RPC 1.6(b)(4). As we’ll discuss in the following section, the legal question under the exception is whether it applies to informal criticism posted online or whether it is generally reserved to more formal venues like malpractice suits and bar complaints. The Supreme Court found, however, that it did not need to resolve this legal issue because, even if the exception applied, the lawyer had exceeded it. In this regard, the Supreme Court reasoned that the exception is limited to information that the lawyer “reasonably believes necessary” to defend the specific charges. Although it described the criminal convictions as a close question, the Supreme Court found that - assuming (without deciding) that the exception applied - the convictions were relevant to rebutting the posts. On the use of the client’s full name, however, the Supreme Court took a different approach: [R]espondent revealed not only client’s criminal convictions, but his full name. That changes the matter substantially. By posting client’s name together with the details of client’s criminal history, respondent revealed client’s identity and his convictions, not just to those persons who sought out these particular reviews, but also to other members of the public as well. ... Now anyone who searched for the client’s name in an internet search engine, for any reason whatsoever, could uncover the details of client’s criminal convictions. 368 Or at 370.

The ABA Opinion ABA Formal Opinion 496 (2021) focuses on the question that the Oregon Supreme Court left unanswered: does the “self-defense” exception include online criticism within the term “controversy” on which the exception is predicated? Following an extended survey of the history of the exception and its interpretation around the country, the opinion concludes that the exception is generally limited to formal settings such as malpractice claims, bar complaints and criminal investigations. The ABA opinion also highlights another practical constraint. Although some negative reviews include allegations of malpractice, many others are the lawyer equivalent of “my soup was cold” or “service was slow.” Lawyers would be hard-pressed to convincingly argue that those restaurant-style critiques amounted to a sufficient “controversy” between the lawyer and the client to justify the lawyer revealing the client’s confidential information in a response. Take-Aways Given the constraints imposed by RPC 1.6 and the bedrock duty it reflects, lawyers should be extremely circumspect in crafting a response. Online rating services are quick to report public discipline which creates a significant potential to compound a negative review. At the same time, threatened lawsuits directed to either the platform or the reviewer are unlikely to gain much practical traction on constitutional grounds. Similarly, the Consumer Review Fairness Act (15 USC 45b) generally limits the ability to include “nondisparagement” clauses in template fee agreements. The ABA opinion suggests considering whether a response is even necessary - particular if the lawyer has a strong digital presence that includes otherwise positive reviews. If the lawyer responds, however, a general focus on the lawyer’s practice and client service is far safer than revealing confidential information to “fight fire with fire.”

EARN CLIENT TRUST & REFERRALS WITH RUBY® While you’re busy juggling projects, court, and office duties, your future clients are calling you. Are you answering them all?

Helping lawyers in need receive addiction and mental health treatment

20%+

10hrs

10%+

BOOST IN POTENTIAL NEW BUSINESS

OF DISTRACTION FREE TIME REGAINED

INCREASE IN HAPPY CUSTOMERS

“Ruby allows my office to focus on our work, while knowing all our calls will be answered by a friendly, live human. Engaging Ruby was one of the smartest things I did when I opened my own firm, and a key to my firm’s success.” -MICHAEL DOWNEY, DOWNEY LAW GROUP

www.oaap.org | 503-684-7425

Help Us | Help Lawyers VISIT WWW.RUBY.COM/MBA TO LEARN MORE OR BETTER YET CALL US AT 844-338-4769

www.mbabar.org

February 2022

drake hood MEDIATION

drake@drakehood.com | 503.522.6190

THOMAS W. BROWN ARBITRATION | MEDIATION Over 38 years of trial and appellate court experience. Over 20 years experience as a neutral handling a wide range of civil disputes. Available statewide for private neutral work, as well as work through the American Arbitration Association, Arbitration Service of Portland, The American Health Lawyers Association, and various state and federal court dispute resolution programs.

RESPECTED, RESOURCEFUL, REASONABLE

900 SW FIFTH AVENUE I 24TH FLOOR I PORTLAND, OR 97204 503-323-9000 I WWW.COSGRAVELAW.COM

Kitchel ADR

At a branch in the road? Find your way in mediation.

Goldberg Arbitration and Mediation Services Over 80 years of trial experience

M E D I AT I O N

Meg Goldberg, M.S., J.D. 503-236-2892 goldbergmediation.com

www.kitcheladr.com

Chris Kitchel chris@kitcheladr.com 503.502.8861

Jan Kitchel jan@kitcheladr.com 503.730.0685

Multnomah Lawyer lenders and investors in connection with hospitality, office, retail and industrial properties. He moves into his new role following the retirement of Joe Arellano at the end of December 2021.

Around the Bar federal trial and appellate courts, and before county commissions, the Oregon Land Use Board of Appeals, and various administrative agencies.

Chelsea Glynn

Kyle Busse Markowitz Herbold PC Portland litigation firm Markowitz Herbold PC announced today that Kyle Busse, Anit Jindal, and Jeff Lovinger have become shareholders with the firm. Busse is co-chair of the firm’s employment practices group. He is also an integral part of the firm’s bet-the-company and government practice groups, where he has successfully represented companies, and the State of Oregon and its departments, in high stakes and class action litigation.

Josh Smith Tonkon Torp LLP Partner Josh Smith has been elected to the Board of Directors of the Technology Association of Oregon. The association works to unite and support businesses in the region’s technology industry. Smith is a member of Tonkon Torp’s Entrepreneurial Services, Intellectual Property, Corporate Finance, and Mergers & Acquisitions practice groups. His practice is focused on representing and counseling emerging and established companies on a wide variety of intellectual property, corporate, and transactional matters.

Anit Jindal Jindal is a litigator whose clients include public utilities, state and local governments, and privately held businesses. His commercial litigation practice focuses on energy law, class action defense, and complex contract disputes. He is also a skilled appellate lawyer and has briefed appeals to the Ninth Circuit Court of Appeals and Oregon Court of Appeals.

Jeff Lovinger Lovinger specializes in energy and utility law. He has extensive experience representing utility clients before state utility commissions in contested case proceedings, rulemakings, and policy dockets. Lovinger also represents his clients before the Federal Energy Regulatory Commission, before state and

www.mbabar.org

Sarah Holmes Hart Wagner Hart Wagner welcomes associate attorney Sarah Holmes to the firm’s employment practice. Holmes’s practice focuses on defending Oregon employers against a variety of employment claims. She represents employers in administrative proceedings as well as in state and federal court. Holmes also advises clients prior to litigation on policy compliance, pre-litigation strategies, and employer investigations. Holmes began her career at Saalfeld Griggs in Salem, Oregon where she honed her employment litigation and advice and counsel skills working with individuals and businesses. She earned her JD from Willamette University College of Law. Foster Garvey PC Chelsea Glynn has joined Foster Garvey as an Associate in its Real Estate, Land Use & Environmental group in Portland. Glynn represents

businesses, municipal bodies and other real estate clients on commercial and residential leases, purchase and sale agreements, and land use and permitting matters. She is an active member of the Institute of Real Estate Management and Commercial Real Estate Women where she is Chair of the Legislative Committee and a member of the Sponsorship Committee, respectively.

Thomas Scott Thomas Scott has been promoted to Principal in Foster Garvey’s Real Estate, Land Use & Environmental group in Portland, effective January 1. With nearly a decade of experience, he advises clients in real estate and corporate transactions, including commercial leases and purchase and sale agreements, as well as corporate governance and M&A in various sectors. Scott also serves as a pro bono volunteer for Proud Ground, a Portlandbased nonprofit focused on educating and assisting first-time homebuyers.

Josh Kennedy Cosgrave Vergeer Kester LLP The firm is pleased to announce the promotion of Josh Kennedy to the position of Partner. Kennedy focuses his practice on construction services, construction litigation, product liability, and real estate litigation and has represented contractors, developers, design professionals, and property owners in a wide

variety of circumstances. He has spent significant time in the courtroom and has tried dozens of jury trials through verdict. He also has a proven track record of negotiating favorable results for clients in contract and settlement negotiations, often involving high stakes and numerous interested parties. Kennedy received his Juris Doctor from University of Oregon School of Law in 2006. He has been with the firm since 2015. Outside of work, Kennedy enjoys hiking, cooking, gardening, and trips to the coast or mountains.

The Around the Bar column reports on MBA members’ moves, transitions, promotions and other honors within the profession. The submission deadline is the 10th of the month preceding publication or the prior Friday if that date falls on a weekend. All submissions are edited to fit column format and the information is used on a space-available basis in the order in which it was received. Submissions may be emailed to mba@mbabar.org.

MBA & YLS Board Elections The MBA bylaws provide for nominations for MBA and YLS board positions from the membership at large. MBA members may self-nominate for the MBA Board, and YLS members for the YLS Board. MBA and YLS Board nominating petitions must be endorsed by the nominee and at least 10 other MBA or YLS members, respectively. Petitions must be received by 5 p.m. on Friday, February 18. New MBA and YLS Board members will be announced at the MBA Annual Meeting on Tuesday, May 10.

The professionals at the OAAP are lawyers and counselors – ideally suited to help lawyers, judges, and law students with: �

PROBLEMATIC ALCOHOL & SUBSTANCE USE

�

DEPRESSION & MENTAL HEALTH CONCERNS

�

TIME MANAGEMENT & PROCRASTINATION

�

CAREER CHANGE & TRANSITION

�

PROBLEMATIC INTERNET USE

�

COMPULSIVE/SELF-DEFEATING BEHAVIOR

�

PROBLEM GAMBLING

Joe West Joe West has been named Foster Garvey’s Office Managing Director in Portland. West is a native Oregonian and has practiced law in Oregon for more than 35 years. His primary areas of practice include real estate leasing, acquisitions, development, financing and general business law. West routinely works with property owners, tenants, developers,

Our services are confidential and free of charge.

503.226.1057 � 1.800.321.6227

OREGON ATTORNEY ASSISTANCE PROGRAM helping lawyers, judges, and law students since 1982

The OAAP is a program managed and funded by the Professional Liability Fund

OAAP_fillad_SUNSET_2020_1-3rd pg_square

February 2022

We thank these retiring partners for their extraordinary contributions to our firm and the community.

Dave Baca

Duane Bosworth

Gregory Chaimov

Rick Glick

Pat Green

Phil Grillo

Chrys Martin

John McGrory

Baldwin Dispute Resolution Mediations & Arbitrations

DWT.COM

Richard C. “Dick” Baldwin

Former Supreme Court Justice, Trial Judge & Trial Attorney

C H AMB E R L AIN Mediation

Arbitration

A Proven Problem Solver Oregon Lawyer Since 1978 30 years of Civil Litigation Experience Available Statewide

All disputes, including: • Personal Injury and Wrongful Death • Commercial Litigation • UM/UIM Neutral • Arbitration Services of Portland (Panelist) • American Arbitration Association (Employment Law Panelist)

503-545-0304 baldwinresolve@gmail.com

peter@chamberlainmediation.com www.chamberlainmediation.com 503.380.5730

RENT TO OWN

Original works of art for your home or office

OPEN BY APPOINTMENT TUES – SAT 11 A.M. – 4:30 P.M. 1237 SW 10th Avenue rentalsales@pam.org

rentalsalesgallery.com

Multnomah Lawyer

Tips From the Bench

News From the Courthouse

Embrace Change by Judge Eric L. Dahlin Multnomah County Circuit Court The world hates change, yet it is the only thing that has brought progress. - Charles Kettering Change can be uncomfortable. Change can be frustrating. Change can be scary. But the only way anything will improve is through change. COVID-19 has turned the world upside down over the last two years and has caused untold disruption and changes to our work lives and personal lives. Most people yearn for the day when the pandemic is over, and life goes back to the way it used to be - the last thing they want to think about is more change. But I would suggest that now is a perfect time to rethink everything we do in our work lives and personal lives to see if we can identify changes that would cause improvements in both. Although the pandemic has been awful in so many ways and caused untold suffering, there have been silver linings. The pandemic taught us that many meetings and court hearings are better done remotely instead of in person simply because it avoids wasted time and money in traveling and waiting. It taught us that working from home is a viable and acceptable option at times, which allows for greater flexibility and freedom in our personal lives. And it helped increase the ease of virtual communication with friends and family who live far away. But perhaps the most enduring lesson from the pandemic will be that change which seemed difficult or even impossible is not only doable but is not that difficult after all and can lead to dramatic improvements in our lives. Looking back at the early days of the pandemic when most in-person court proceedings were halted, there was trepidation among some lawyers and judges about the thought of having hearings via phone, let alone video. There was handwringing about all the reasons why remote proceedings wouldn’t work as opposed to focusing on the possible

benefits of remote proceedings and simply figuring out a way to make it work. Eventually, out of necessity, we started doing hearings by phone and then by video, and we even graduated to fully remote jury trials (something even I initially thought would be a bridge too far). Remote proceedings became second nature for many, even for those who were initially opposed and apprehensive. It turned out that remote court proceedings became a solid substitute for in-person proceedings, and oftentimes even preferred. That such dramatic and unthinkable change occurred so quickly in such a core part of the legal profession, and worked out so well, demonstrates that we are just scratching the surface of what other previously unimaginable changes may be worth pursuing. Many people may be itching to go back to “precedented times” and want to stop with all the changes. But my suggestion is to strike while the change-mindsetiron is hot and think about every aspect of our lives to identify areas that might be worth changing; to be open to the possibility that there may be a better, more efficient, and more enjoyable way to do things. Instead of dismissing new ideas by reflexively saying “that won’t work,” think about saying “let’s give it a shot.” We would all benefit from keeping the momentum of being in a positive change mentality instead of just yearning to go back to the ways of old. The pandemic has taught us that when needed we can be adaptable and that the unknown is not as scary as we might have thought.

mba EVENT Virtual Listening Sesion with MBA President Jovita Wang Wednesday, February 16 2-3 p.m. Join MBA President Jovita Wang for February’s listening session. This is part of an ongoing monthly series of listening sessions conducted via Zoom. It is an opportunity to ask questions about the MBA and share any concerns or suggestions, or simply to join us for the conversation. Register to attend at bit.ly/mba_listening

www.mbabar.org

by Robert Parker MBA Court Liaison Committee Report from Judge Stephen K. Bushong This report was given in December 2021 and is the last court update from Judge Bushong, whose term as presiding judge ended December 31. Judicial Retirements Judge Eric Bergstrom is retiring from the bench. Judge Bergstrom has been especially valuable not just in Multnomah County but around the state for resolving complex criminal trials and will be missed. Judge Kathleen Dailey retired from the bench on January 31. She will continue to work as a senior judge post-retirement. Judge Beth Allen will move to the general bench at the East County Courthouse doing hybrid family, civil and criminal cases. [Note: On January 19, Governor Kate Brown appointed Celia Howes to fill the vacancy left by Judge Bergstrom; her appointment is effective February 1.] Updates to the Pandemic Response The Omicron variant is now the predominant strain of the coronavirus in Oregon. Twodose vaccinations without the booster have not been as effective against Omicron and another peak contagion period was expected in January. On December 22, thenPresiding Judge Bushong issued two new Presiding Judge Orders (PJOs) in response to the Omicron variant of the COVID-19 virus. The first order continued remote appearances in the juvenile proceedings that were scheduled to return to in-person appearances on January 3. The second order continued the social distancing requirement for all court proceedings as authorized by an order issued by Chief Justice Martha Walters. The PJO also reinstated remote jury selection for all criminal and civil cases. These steps are necessary to minimize the risk of spreading the COVID-19 virus

in light of the highly contagious Omicron variant in order to keep the court operational and able to hold trials. The limitations associated with social distancing mean that the court will only be able to conduct a limited number of jury trials each week as long as the social distancing requirement remains in effect. The highest priority cases - criminal cases involving in-custody defendants or approaching speedy trial deadlines - use many of the available trial slots, though the court is prepared to conduct misdemeanor jury trials and civil jury trials as well. Face masks and social distancing are still required for all court proceedings. Social distancing limits the number of jurors that can fit in the jury assembly room. Although the jury assembly room can hold about 225 people, it can only hold about 75 with social distancing. Remote jury selection increases the number of potential jurors that can report for jury service on any given day. Thus, while the remote jury selection is comparatively unpopular with attorneys, judges, and court staff, it does allow the court to conduct more jury trials while social distancing is necessary. The good news: as social distancing and remote jury selection continue, lawyers, judges and court staff are getting better at it, and the process is becoming more streamlined. New Presiding Judge Order Regarding COVID Symptoms Judge Bushong issued a new PJO that codifies what has already been generally in practice: anyone who has been exposed to COVID-19, or experiencing symptoms, should not come into the courthouse. People in those circumstances must get a COVID test and receive a negative test result before entering the courthouse. Marion County already had a similar PJO which has worked well. If a trial is scheduled, and someone involved in the trial has symptoms or tests positive, the

trial will be postponed until that individual has tested negative. This is intended to be a common sense policy: there’s no rigid “if you have one sneeze, stay home” rule - just pay attention to your health and be aware of the symptoms of COVID. The courthouse does not check temperatures at the door or screen individuals coming into the courthouse, so each individual is expected to be honest and comply. A reminder to lawyers: your ethical duty of candor requires you to be truthful to the court. This applies to any reports regarding COVID exposures, symptoms or test results. Lawyers may not request a postponement of any court proceedings based on a false report regarding COVID. Retrospective of the Court in 2021 Judge Bushong has greatly appreciated the bar’s flexibility and understanding over the challenging past year(s) in dealing with the pandemic. He expressed particular appreciation to Trial Court Administrator Barb Marcille and the court staff for quickly adjusting to the numerous changes in court procedures required to keep people safe during the pandemic. Transition to Presiding Judge Judith H. Matarazzo Judge Judith Matarazzo’s first day as presiding judge was January 1. Judge Bushong’s docket was the “presiding judge’s” docket and business scheduled last year to be before the presiding judge is now being handled by Judge Matarazzo. The system is designed to make it very easy to transition to a new presiding judge. The presiding judge’s contact information (email address and telephone number) is not judge-specific. Anyone who wishes to contact the staff of Presiding Judge Matarazzo will continue to use the same telephone number and email address.

February 2022

MBF Announces 2022 Officers and New Directors

promote access to justice and civic education through our CourtCare, CourtSupport and CourtConnect programs in 2022.”

by Pamela Hubbs Office and Foundation Administrator The Multnomah Bar Foundation is pleased to announce its new officers and directors. We asked our officers for their thoughts about the MBF, their service and the year ahead.

have donated resources and time to make a positive difference for the legal system. I have heard it said that it is never too late to turn a bad day around, so let us hope that it is also never too late to turn a bad pandemic around. Wishing you all good fortune, good health and some much needed good luck this year. Hope to see you (in person) soon!” Elizabeth Knight

Joseph Franco Joseph L. Franco, Richardson Wright LLP, Vice President: “I am honored to serve as MBF Vice President. I look forward to the MBF continuing to

Get Involved in the MBA Consider Volunteering for an MBA or YLS Committee Rewards of Volunteering Meeting new people and expanding perspectives are two of the reasons members cite for serving on committees. When you join a committee, you become part of a team of your colleagues. As you contribute to the work of the committee, you also learn from other members. Together, our volunteers provide valuable service to the legal community. Most committees meet for one hour once a month from September through May. Meetings have continued virtually during the pandemic.

Equity, Diversity & Inclusion: Foster and expand diversity, inclusion and equity in the MBA and Multnomah County legal community, and create and strengthen a relationship of mutual support between the MBA and diverse bar organizations. The committee also administers the Diversity Award screening and selection process.

MBA Committee Descriptions

Judicial Screening: Review applications of pro tem and judicial appointment candidates confidentially, and report recommendations as called for by the MBA Boardapproved process.

CLE: Plan, conduct and evaluate 40 CLE seminars, focusing on members’ primary areas of practice. Court Liaison: Foster constructive dialogue with the Multnomah County Circuit Court presiding judge and trial court administrator with regard to current practices, or to rules or procedural changes before they are implemented by the court.

Yoona Park

well as, continuing to engage the community at large through civic education programs. I am very excited for what 2022 has in store.”

New directors are Leah C. Lively, Davis Wright Tremaine LLP; and Yoona Park, Stoll Berne. Continuing directors are the Hon. Amy Holmes Hehn, Multnomah County Circuit Court; Anit K. Jindal, Markowitz Herbold PC; Marshal P. Spector, Gevurtz Menashe PC; and Tyler J. Volm, Sussman Shank LLP. David I. Bean, Wyse Kadish LLP is the MBA Board Liaison.

Elizabeth C. Knight, Dunn Carney LLP, Secretary Treasurer: “I am honored to serve on the MBF Board again this year as we continue to promote civic education and access to justice, and to support the important work of our judges and court administrators.”

Victoria Blachly Victoria Blachly, Samuels Yoelin Kantor LLP, President: “Cheers to ringing in 2022, not only for the MBF, but for all of us! We continue to appreciate the solid support of the legal community for the MBF’s established programs like CourtCare, as well as our newer programs like CourtSupport. So many of our Multnomah County colleagues

Mackenzie Hogan

Events: Plan social, networking, and fundraising events, including the annual golf tournament to benefit the Campaign for Equal Justice.

J. Mackenzie Hogan, Harris & Bowker LLP, Immediate Past President: “I am excited to come back for one final year on the MBF Board. I look forward to continuing the MBF’s efforts in serving the Portland legal community through CourtSupport and CourtCare, as

Public Service: Explore new ways for lawyers to assist those in need in the community, in partnership with the court, pro bono and social service providers, and other stakeholders. Solo/Small Firm: Focus on programs and services that are of value to small firms and solo practitioners. YLS Committee Descriptions YLS CLE: Organize 27+ MCLE-accredited seminars, with content intended specifically for newer attorneys. Provide additional professional and career development seminars for the YLS membership.

Leah Lively

YLS Pro Bono: Provide leadership and professional development opportunities for young lawyers in pro bono work. Administer the local Wills for Heroes Foundation clinic, providing estate planning services to first responders.

YLS Service to the Public: Provide programs to engage young lawyers in community outreach activities that educate the public about the legal system, the positive role of attorneys in society, and the legal resources available to the community.

Join a Committee for the Upcoming 2022-23 Program Year Terms Begin this Fall To volunteer for a committee, complete the online survey at:

bit.ly/mba-comm

YLS Membership: Assist in recruitment and involvement of MBA young lawyer members, to encourage member participation in the YLS, and to organize a variety of networking activities for YLS members.

Professionalism: Promote principles of professionalism within the legal profession, through the Corner Office article, Professionalism Statement, Mentor Program and professionalism training programs. The committee also administers the Professionalism Award screening and selection process.

Multnomah Lawyer

Justin Leonard Pro Bono Spotlight What is the YLS? An inclusive section of the bar, comprised of any MBA member in practice less than six years or under the age of 36. The YLS provides leadership, networking, professional development and service opportunities. And we have fun!

Ask the Expert Dear Expert, I’m a newer attorney, and I’ve recently been given a project with subject matter that I do not feel sufficiently well-versed to tackle. What are appropriate next steps? How do you suggest I handle the situation? Dear Newer Attorney, Regardless of how many years we’ve been practicing, every attorney remembers a time when they received an assignment outside the scope of their everyday practice. Provided you know what work product or answer the senior attorney is looking for and how much time they want you to spend on the assignment, the appropriate next steps depend on the subject matter at issue and the resources available to you. Whether you’re in private practice, work for the government, or a nonprofit, efficiently learning the ropes as a newer attorney is a crucial skill that can pay dividends down the road. While nothing beats practical, on-the-fly experience, thanks to technology, there are various ways for an attorney to learn about a subject matter. Get Familiar with the Rules First and foremost, take a look at the relevant rule book or statute that ultimately shapes and impacts your current assignment. Depending on the length of the rule, it might help to re-write the relevant sentence or section by hand on a piece of paper, or dry erase board. Try reading it out loud as well. You must familiarize yourself with the governing language. One cannot provide sound analysis if one does not have a foundational understanding of the law itself. Oregon State BarBooks The OSB’s BarBooks are an excellent place for an attorney to learn about practically any subject matter. After you’ve reviewed the law, enter the relevant terminology into the BarBooks and see what results you get. The attorneys who create the summaries and outlines

www.mbabar.org

on BarBooks do an excellent job of providing a high-level explanation of the law. They often highlight what pitfalls a practitioner should beware of as well. Even if the subject matter you’re learning about isn’t discussed in detail, the BarBooks still provide a great starting place for wrapping your head around the topic. Treatises, Cited References, CLEs Now that you’ve exhausted the free resources, depending on your employer’s library and subscriptions, looking for a treatise on the subject matter is another great step. Although the internet seems to be a neverending black hole, treatises are targeted and straight to the point. Similarly, click on the “cited references” tab of the key statute or rule to see if important cases discuss the subject or well-written trial documents or appellate briefs where attorneys have applied the law to a real-life issue. You can also consider watching a CLE on the subject. One hour of listening to an expert discuss the topic beats an hour of aimlessly scrolling online. Internal Database, Colleagues It’s possible other attorneys you know have already looked into the issue or prepared a memo that touches on the subject. Likewise, asking colleagues (or other attorneys in your network) for suggestions helps you practice articulating the problem and will serve as a resource to make sure you’re on the right track. In the end, it’s important to remember that there’s a fine line between figuring out the problem and spinning your wheels while going nowhere. So, when creating your plan of attack, make sure you tailor it to your particular situation. Although the idea of a new subject matter seems daunting, remind yourself that you’re built for this. Life as an attorney means a career of nonstop learning and evolving. You’ve got this.

by John Barr YLS Pro Bono Committee Legal Aid Services of Oregon’s Farmworker Program (Servicios Legales de Oregon, Programa para los Campesinos) helps agricultural workers throughout Oregon with employment, housing, civil rights and other legal issues. Justin Leonard and other attorneys at Leonard Law Group specialize in commercial bankruptcy and use their expertise to provide pro bono services to the program. While there seems to be little intersection between the two, the firm’s expertise has proven to be very useful. Justin has assisted in collecting judgments, performing asset searches, and preparing model documents for the program, such as writ of garnishment documents, lien record abstracts, post-judgment third-party subpoenas for banking and other records, and agricultural service lien filings. Justin also consults with program attorneys on problem cases - sometimes stepping in when appropriate to help negotiate or litigate. In a recent case, the program had previously reached a settlement on behalf of two agricultural workers who were owed over $80,000 in wages. The employer was not paying as agreed due to purported cash flow challenges. To accommodate the employer’s situation while providing security to the workers, Justin negotiated new settlement terms

that included a deed of trust on the farm’s real property, which had significant equity. Now, while the employer is refinancing the real property through a loan (at a better interest rate than is owed to the workers), the workers now have greater assurance that they will ultimately be paid - and they are receiving regular payments in the meantime. Justin grew up on a farm in the Willamette Valley, working in the fields himself, and he is grateful to serve Oregon’s farmworker community in these ways. As a longtime supporter and organizer of the OSB Debtor-Creditor Section’s Pro Bono Bankruptcy Clinic, he believes that pro bono work provides opportunities to learn about a new area of the law and share specialized experience with communities that an attorney’s practice might not otherwise reach. Farmworker Program Director Laurie Hoefer welcomes opportunities to build relationships with the private bar. She expressed that Justin’s “depth of knowledge and experience in situations we don’t often encounter has allowed us to strengthen our advocacy and help our clients effectively access the justice system.” LASO’s Statewide Pro Bono Manager Jill Mallery emphasized how the work helps low-income individuals with critical legal issues. She added,

Justin Leonard “Justin’s advocacy has made a tremendous impact on the lives of the many clients he has assisted over the last 15 years.” The Farmworker Program welcomes volunteer attorneys interested in sharing their expertise, particularly in bankruptcy, constitutional law, administrative law, and complex employment litigation. Alternatively, for debtorcreditor attorneys like Justin, or those interested in learning more about bankruptcy law, Justin recommends the Oregon Bankruptcy Court’s new Pro Bono Program: www.orb.uscourts.gov/pro-bonoprogram. You can specify the type of cases that interest you, such as discharging student loan debt, domestic relations issues, criminal/restitution matters, or mortgage accounting disputes. You will then be contacted by the court as needs arise. For more information regarding these and other pro bono opportunities with Legal Aid Services of Oregon, please contact Jill Mallery at jill.mallery@lasoregon.org.

Caroline Brinster Pro Bono Spotlight by Kirsten Rush YLS President Caroline Brinster is a native Portlander, having grown up in SE Portland. She attended Willamette University for undergrad and went straight to law school, attending Lewis & Clark, where she graduated a semester early and joined the bar in 2019. Caroline enjoys collaborating with people and building community, which led her to practice family law. Caroline externed for Judge Katherine Tennyson while in law school and saw that her passion for helping people would translate to working on domestic relations matters and helping clients get through difficult times in their lives. Now, as an associate at Easley Family Law, she uses her empathy and passion to help clients going through crisis and to navigate what can be a difficult, unknown court process to get to the next phase of their lives. Caroline’s interest in collaborating with and helping others led her to join the YLS Membership Committee.

Now in her second year on the committee, Caroline has welcomed the challenge that the sudden change to virtual formatting presented. The pivot from in-person networking and social events to virtual presented a major change in programming for the committee, but Caroline appreciated that it opened new ways to be creative and to engage YLS members. One example of an innovative new YLS event is the online cooking event hosted last year and planned again for this year, where participants can hang out and watch or cook along with the chef. The Membership Committee also hosted a successful virtual speed networking event, where the virtual format provided greater accessibility to members who otherwise would have had difficulty participating in-person. Caroline is currently helping to plan the upcoming speed networking event for this year. See page 13 for details. Outside of work and volunteering with the YLS,

Caroline Brinster Caroline enjoys being outdoors, including hiking with her oneyear-old German Shepherd, camping, mountaineering, gardening, and, in a pre-COVID world, attending live music events. As a PSA to all new lawyers, Caroline advises that if you’re thinking about joining a YLS committee, you should jump right in! The time commitment is minimal, it’s a great way to meet other attorneys even in our mostly-virtual format, and provides amazing opportunities to give back to both the legal community and to the greater Portland-area. Keep an eye out for upcoming YLS membership events and, if you’re interested in joining a YLS committee, contact Ryan Mosier at ryan@mbabar.org.

February 2022

Upcoming YLS Events Trivia Night

Speed Networking

Please join the YLS Membership Committee and trivia host Graham Brown of Stumptown Trivia for a fun evening of virtual trivia. Prizes are sponsored by Maune Raichle Hartley French & Mudd, LLC and support local BIPOC-owned businesses. Graham will be quizzing the whole group, but there will be only one Trivia Champion! Registration is free.

Prepare your elevator pitch and come ready to take part in a structured, fast-paced networking event that allows participants to interact with one another in a series of brief informational exchanges. Conversation topics will be provided in advance and participants are free to engage wherever the conversation takes them. Registration is free.

Thursday, February 24 5:30-7 p.m.

Thursday, March 24 6-7 p.m.

Mediate first

Member Resource Center Welcome to the member resource center, where you will find information of importance to MBA members and the legal community at large.

MBA Health Plan Premier health, dental and vision plans for law firms. Simplified administration, competitive pricing and flexible benefit options available. Any law firm located in Oregon or Clark County, WA with at least one W2 employee in addition to the attorney is eligible to enroll. Tracey Davis, 503.485.2482 MBAquotes@aldrichadvisors.com www.mbabar.org/benefits

The Bar Plan Online Court Bonds Streamlined court bond service with expedited turnaround. Kim Edgar, 1.800.843.2277 www.mba.onlinecourtbonds.com

Robert J. McGaughey Mediator • Arbitrator Employment | Torts | Business

Clio Case & Practice Management Software Simplify your workflow with this cloud-based practice management solution. Ten percent lifetime discount, as well as a seven-day free trial. landing.clio.com/multbar

law7555.com bobm@chenowethlaw.com

503•223•2520 Columbia Bank Preferred Bank of the Multnomah Bar Association. Elise Bouneff, Joe Connors and Gwyn Hilden, 877.231.2265 www.columbiabank.com

LawPay Credit card processing intended for client-attorney transactions. 1.866.376.0950 www.lawpay.com/mbabar/

MEDIATION AR B I T RAT I O N

Newsletter Advertising MBA members enjoy reduced rates on display and classified advertising in the Multnomah Lawyer publication. In addition, all classifieds are posted on the MBA website. mba@mbabar.org

NAEGELI Deposition and Trial MBA Members receive a $100 discount on their first scheduling by mentioning the “MBA Discount.” They also receive a 10% discount on hourly fees for Videography, Remote Depositions and Trial Presentations. 503.227.1544 www.naegeliusa.com

Office Depot Global provider of office-related products, services and solutions. Significant discount on regularly ordered items, standard discount on all purchases. www.bit.ly/MBABar_OD

Ruby Receptionists A virtual receptionist service based in Portland that seamlessly connects you to your callers. Eight percent lifetime discount off all pricing plans and overage minutes to MBA members. Promo code: MBA. 1.866.611.7829 www.ruby.com/campaign/mba

UPS MBA members can save up to 26% on their express shipping courtesy of UPS. www.savewithups.com/ multnomahbar

25 years civil and criminal trial experience.

MULLEN ADR mollyjo@mullenadr.com

Molly Jo Mullen

503-901-6199

Legal Northwest Staffing Specialists Discounted pricing on directhire and temp-to-hire placement and a quality of service guarantee. Anneke Haslett, 503.242.2514 www.legalnw.com

Multnomah Lawyer

V OL U NT E E R T O REDUCE ABUSE

Pro Bono Volunteers Thank you to the following lawyers who recently donated their pro bono services to the Volunteer Lawyers Project at Legal Aid Services of Oregon. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County. Alan Aldous • David Bean • Melissa Boge • Ana Ching •

Darin Dooley • Cole Downey • Jeannine Ferguson • James Hein • Mandi Kailiuli • John Koch • William Kwitman • Hart Lei • Elizabeth Lemoine • Riley Makin • Gerald Pederson • Scott Pratt • Susan Rossiter • April Stone • Hon. Jill Tanner • Emily Teplin Fox • Evans Van Buren • Emery Wang • Katherine Williams • Laura Zaro

Guardian Partners seeks volunteers to meet with elder adults and disabled adults under Guardianship care to ensure they are safe and thriving.

Volunteer Monitors are at the heart of our mission to keep vulnerable Oregonians safe and thriving. You’ll be given training and ongoing support to be successful. Once assigned a case, you’ll meet with the Protected Person as well as their Guardian and furnish a report to the Court, identifying any evidence of abuse or neglect. •

Typical cases requires six hours of time.

•

Highly flexible—can be scheduled on your time at your convenience.

•

Operating in Multnomah, Clackamas, Marion and Lane counties. More counties anticipated soon.

•

The difference you make in a Protected Person’s life can be profound!

I would love to schedule time to chat with you, your professional group, social group or faith group about our volunteer program. Let’s talk! Contact: Marc Kochanski, Community Relations Manager marc@guardian-partners.org | 971-409-1358

10814 NE HALSEY ST | PORTLAND, OR 97220

Office Depot OfficeMax Business Savings Program Did you know that the MBA has an Office Depot OfficeMax Business Savings Program? This premier program delivers the most aggressive pricing and prime vendor perks for all your Home Office and Business Office needs, and as a member of the MBA, you have access to these exclusive savings! Here is the savings overview:

Shop your favorite brands and save!

Sign up for our Office Depot Savings Program, in partnership with Excelerate America, today. Visit http://bit.ly/MBABar_OD to register and create your account.

www.mbabar.org

February 2022

The Corner Office professionalism Lawyer Wellness: Spotting Mental Health Challenges and How to Help In 2017, the National Task Force on Lawyer Well-Being, a joint project of the American Bar Association and numerous other legal organizations, issued a report on the state of lawyer wellness. The rate of major depression being 6.8% among the general population, and 28% among lawyers, the report concludes that the current state of lawyers’ health “cannot support a profession dedicated to public service and dependent on the public trust.” What can the professional lawyer do to help support healthy practice? This article will explore the topic of mental health issues that may arise in your practice or the practices of lawyers close to you. Whether these issues are the product of depression, anxiety, or of the simple decline of faculties as lawyers age, fellow lawyers can first be attentive to the mental health issues they may encounter on a day-to-day basis. Lawyers experiencing mental health issues may be unresponsive to communication by telephone or email or other means. Similarly, they may fail to attend to discovery requests and other requirements of client representation, or to follow through on appointments or agreed responsibilities. Lawyers may demonstrate unusually high levels of frustration and anger, may give unlikely or outrageous explanations for their conduct, or may have thoughts that are frankly delusional. Cognitive decline can be evidenced by significant memory lapses, confused thinking, or difficulties in understanding issues. One of the best ways to help a lawyer who may be having trouble is having a direct conversation. It should be no more than one or two people and should express concern and discuss specific behaviors that those people have observed themselves. It’s important to recognize that hearing these concerns from colleagues can bring up shame in the person you are worried about. Maintaining your focus on specific and objective observations can help. Be prepared to offer ideas for support in the moment, including the Oregon Attorney Assistance Program (OAAP), described below, the Multnomah County Mental Health Crisis line at (503.988.4888), and the National Suicide Prevention Lifeline (800.273.8255).

The OAAP (503.226.1057) is a confidential, voluntary, and free loss prevention program of the Professional Liability Fund (PLF), providing shortterm counseling, support, and referrals for all members of the legal community. You can access the OAAP program 24 hours a day, seven days a week, whether you’re concerned about yourself or someone else. To protect confidentiality, the OAAP offices are not located in the OSB Center. Your contact with the OAAP cannot be disclosed to the PLF or to discipline. (There are two statutory exceptions to confidentiality, one for a threat to personal safety and one for child and elder abuse.) When you call, concerned about another lawyer, an attorney/counselor will help to strategize how best to offer assistance. Your identity will not be disclosed to the potentially impaired lawyer. You can be coached on how and when to talk to the affected lawyer yourself, or a plan will be made for OAAP to make the contact. In order to protect confidentiality, the OAAP will not follow up with concerned colleagues after making contact with the lawyer. OAAP Attorney Counselors work with people experiencing myriad challenges. Sometimes people are looking for strategies to continue thriving professionally, some to access support for family distress or a traumatic event. If a person is experiencing a mental health crisis, the OAAP can work with that person to develop a plan to help. In addition to individual and group services, the OAAP helps to connect lawyers, judges and law students to community resources, treatment, and other appropriate services. The Corner Office is a recurring feature of the Multnomah Lawyer and is intended to promote the discussion of professionalism taking place among lawyers in our community and elsewhere. While The Corner Office cannot promise to answer every question submitted, its intent is to respond to questions that raise interesting professionalism concerns and issues. Please send your questions to mba@mbabar.org and indicate that you would like The Corner Office to answer your question. Questions may be submitted anonymously.

Manage your law firm from anywhere. Spend more time doing what you love. Manage your legal practice from any device, anywhere and keep your practice running smoothly. Claim your 10% Clio discount at landing.clio.com/multbar

I love LawPay! I’m not sure why I waited so long to get it set up. – Law Firm in Ohio

Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools. 22% increase in cash flow with online payments Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent online are paid in 24 hours Member Benefit Provider

lawpay.com/mbabar 866-256-5004 Data based on an average of firm accounts receivables increases using online billing solutions. LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA, Synovus Bank, Columbus, GA., and Fifth Third Bank, N.A., Cincinnati, OH.

Multnomah Lawyer

Classifieds Positions Available Contract Attorney Small Portland insurance defense law firm is seeking an attorney with at least five years of relevant experience to handle personal injury and construction defect litigation matters on a mostly remote basis. We are looking for an enthusiastic and hard-working self-starter with attention to detail and experience managing a file independently. Past trial experience preferred, but not required. Top written and oral communication skills needed. Must be a member in good standing of the Oregon State Bar. Admission to Washington State Bar preferred, but not required. Competitive hourly rate with an average of 100 hours per month, depending on the case load. Start time negotiable, but target is sometime in January-February time frame, ideally. Please send cover letter, resume and writing sample to Laura Jacobson at Epps & Gilroy LLP to ljacobson@egllp.com. Associate Attorney Moomaw, Mesirow & Godfrey is seeking an associate attorney with two or more years of professional experience to join its team. The ideal candidate will have substantive experience handling business transactions and general business matters and providing business counseling to small and medium-sized businesses. Successful candidates must have strong analytical, verbal, writing, and research capabilities and excellent academic credentials. Moomaw, Mesirow & Godfrey is a law firm located in Beaverton, Oregon, with an outstanding reputation for handling an array of legal matters. We are trusted by the local business community and provide solutions and strategies to legal issues that match the operational and financial realities of businesses of all sizes and stages of development. Our attorneys draw from a large pool of knowledge and experience and work in a team environment with the resources and insight to address legal requirements and decisions faced by business owners. At Moomaw, Mesirow & Godfrey, we value and encourage work-life balance. Our culture is one of professionalism, collaboration, and respect. Moomaw, Mesirow & Godfrey is an equal opportunity employer that celebrates diversity and is committed to equality in the workplace. If you are interested in joining our team, please send a resume and cover letter, writing sample, and law school transcript (unofficial is acceptable) by email to Sarah Fantazia at sarah@mmgattorneys.com.

16 www.mbabar.org

Communications Specialist The Oregon State Bar Professional Liability Fund (PLF) is hiring a full-time Communications Specialist to support the PLF Communications Team. The PLF is the mandatory provider of primary legal malpractice coverage for Oregon lawyers in private practice. As the Communications Specialist, you will work closely with the Communications Manager and interface with all departments in a cross-functional approach. This is an exciting opportunity to join our growing Communications group at the PLF and become an integral part of the organization. The Communications Team is responsible for a broad array of internal and external communications for the entire organization. If you naturally spot typos and grammatical errors, love to use your creativity and design skills mocking up advertising and promotional materials, and are passionate about implementing marketing and social media campaigns, then this position is for you! Our ideal Specialist enjoys generating new ideas and initiatives while also getting down in the weeds to execute the details. You thrive on checklists and advance planning to manage competing deadlines and projects. You’re highly self-motivated and can work independently, yet you flourish in a collaborative environment. You are enthusiastic and friendly, comfortable pitching in to support your team in a variety of ways. If this sounds like you, we are excited to have you apply! You will be joining a team of dedicated professionals in a supportive, affirming workplace. We are pleased to state that the salary range for this position is $68,000-$75,000. We also offer an excellent benefits package, including participation in the Oregon PERS/OPSRP retirement program, health insurance, and other benefits. This position is based at the PLF office in Tigard with a hybrid remote work setup and requires travel throughout Oregon when COVID restrictions are lifted. Application Deadline: February 18, 2022. For more information and to apply, please visit osbplf.org/ about/jobs/communicationsspecialist/. Farleigh Wada Witt – Financial Services Attorney FWW is seeking an experienced financial services attorney to provide legal advice and support for our financial services practice. The ideal candidate will be comfortable operating with considerable latitude, possess a high level of initiative and professionalism and business-oriented approach to solving legal issues and have experience working with financial institutions and their corporate, operations and retail

activities. Please submit a resume and cover letter to the Hiring Partner via email or regular mail at: lwinkle@fwwlaw.com or Farleigh Wada Witt, 121 SW Morrison St., Suite 600, Portland, Oregon 97204. We are an equal opportunity employer. Attorney Farleigh Wada Witt, a midsized AV-rated firm located in downtown Portland, is seeking an attorney to support our business and financial services practices with a specific focus on general business, entity formation, contract drafting and negotiation, M&A, real estate transactions, and commercial loan documentation. We are looking for candidates with three to six years of relevant experience. Additionally, we seek candidates who have the proficiency to offer practical solutions to clients, the ability to manage multiple projects efficiently, excellent writing and speaking skills, attention to detail, and an entrepreneurial mindset We work hard on a variety of interesting projects, but we also have a culture that encourages outside interests and balance. Please submit a resume and cover letter to the Hiring Partner via email or regular mail at: lwinkle@fwwlaw.com or Farleigh Wada Witt, 121 SW Morrison St., Suite 600, Portland, Oregon 97204. We are an equal opportunity employer. Litigation Associate Established downtown law firm seeks attorney with 2+ years litigation experience. Candidates should have strong research, writing and organizational skills. Oregon and Washington Bar membership or reciprocity eligibility required. Salary based on experience. Generous benefits package including eventual bonus eligibility. Interested candidates must submit a cover letter, resume and law school transcript. evirshbo@msmlegal.com Northwest Justice Project NJP is Washington’s largest publicly funded legal aid program. Each year NJP provides critical civil legal assistance and representation to thousands of low-income people in cases affecting basic human needs such as family safety and security, housing preservation, protection of income, access to health care, education and other basic needs. www.nwjustice.org/home Please see more details about current career opportunities at www.nwjustice.org/careers Senior Managing Attorney Western Washington Vancouver - Staff Attorney, Foreclosure Prevention Unit Longview - Staff Attorney, Eviction Prevention Unit Vancouver - Staff Attorney, Eviction Prevention Unit Staff Attorney - Vancouver Staff Attorney - COVID Consequences Project, Yakima or Wenatchee

Associate Attorney Stutheit Kalin LLC seeks an associate attorney to join our team. We represent employees in individual and class action cases aimed at promoting equality, dignity and fairness in the workplace. Our practice includes wage and hour class actions, discrimination and sexual harassment claims, disability and family leave cases, wrongful termination and retaliation matters, and other legal disputes centered on workplace rights. We seek an associate to primarily assist in the prosecution of wage and hour class actions, while providing support on other matters as well. Ideal applicants will have: • A history of, or demonstrated interest in, representing plaintiffs in employment litigation or promoting workplace fairness • At least three years of prior civil litigation experience • Ability to work proficiently with minimal supervision • Excellent research and writing skills • A sense of humor Prior class action experience is a bonus, but not necessary. Compensation is a mix of guaranteed salary and resultsbased performance incentive. Interested candidates should email their cover letter, resume and writing sample to peter@stutheitkalin.com. To learn more about us and our practice, please visit

www.Portlandemploymentattorney.com

Staff Attorney The Victim Rights Law Center (VRLC) is hiring a staff attorney to work with our Oregon legal team to represent survivors of sexual assault. VRLC is a nonprofit law center that provides free legal services to sexual assault survivors in Oregon and Massachusetts. VRLC also provides national training and support for lawyers, advocates, and other victim service providers. This Staff Attorney will provide sexual assault survivors with comprehensive, traumainformed legal consultations and representation; represent sexual assault survivors on civil protective order remedies; represent sexual assault survivors with legal matters that may include employment, financial stability, housing, immigration, education, privacy, safety, and criminal justice system advocacy; conduct initial consultations and client meetings off-site in Clackamas and Washington Counties; conduct outreach, build relationships, and work with community partners; and participate in weekly case review meetings.

Applicants must be a member of the Oregon State Bar in good standing; have experience working with trauma survivors and/or underserved communities (e.g., LGBTQ+, BIPOC, people with disabilities, children and youth, etc.); have excellent written and oral communication skills; and pass a satisfactory background check after receiving conditional offer of employment. Email a cover letter, resume, and legal writing sample of fewer than 400 words to humanresources@victimrights.org. Use your last name and “OR Staff Attorney” as the subject of the email. For more information visit www.victimrights.org/careeropportunities.

Space Available Four Downtown Portland/ Private Offices 18x14 for $1,300 per month, 15x10 for $1,025, 13x12 for $1,000, and 12x11 for $1,000. Tenth floor office in Cascade Building. Two blocks from Pioneer Square and MAX Transit hub. Alder Street Parking Garage across street. Rent includes reception, telephone/internet, office conference room, shred, copier and postage machine use. Building amenities: gym, with shower, tenant lounge. Contact Jamie at 503.243.2733 or jamie@kramer-associates.com. Inexpensive Short-Term Corner Office Beautiful corner office in the Bank of America Financial Center (121 SW Morrison Street) with views of downtown and Mount St. Helens. Approximately 12x20. Available furnished or unfurnished. Internet included. Kitchenette. Available now through end of November, $950/mo. Contact Chris@BrooksEstateLaw.com. Large Private Offices with Lawyers in Beautifully Restored Historic Building Four blocks to Multnomah/ Federal courthouses. Large Italianate windows; airconditioned; new décor; elevator with video security system; shared conference room, lunch room/kitchen, receptionist; Shower room, bike rack. $300 to $1,100. 503.927.3347.